As killers age, questions emerge

Deputy District Attorney Ebrahim Baytieh is a top prosecutor in Orange County. In a negotiated settlement with Baytieh, 83-year-old William Leo McDougall now faces a tentative 16 years to life in state prison at his Oct. 26 sentencing, a term which will be suspended in lieu of lifetime probation. JEBB HARRIS, THE ORANGE COUNTY REGISTER

But when McDougall is formally sentenced, at a hearing scheduled for Oct. 26, he's expected to be placed on lifetime probation – a pre-negotiated deal that will keep him out of prison.

One of the reasons is age. McDougall is 83 and his victim, Manh Van Nguyen, was 94.

Offenders like McDougall who commit murder in their twilight years pose unique issues for judges, prosecutors and others involved in the criminal justice system.

Should elderly killers be given a break when it comes to sentencing? What about being held accountable for their crimes? How does one define "elderly," anyway? Though there are no easy answers, those questions will become more important as America's population ages.

"Our criminal justice system is hard-pressed to deal with a case like this," Superior Court Judge Thomas Goethals said when McDougall pleaded guilty at a hearing in Santa Ana last month.

McDougall admitted to taking a wooden rod from a closet and striking Nguyen multiple times in the head when both were recovering from hip surgery in a room at Palm Terrace Healthcare Center in Laguna Woods.

The victim, a Vietnamese immigrant who could barely speak at the time, was asleep when McDougall thought he was singing in his native tongue, according to Deputy District Attorney Ebrahim Baytieh. Before the incident, McDougall had no record of violence or other criminal activity.

Erwin Chemerinsky, the dean of UC Irvine's law school, said judges sentencing elderly defendants must balance a host of factors that extend beyond the crime itself.

"On the one hand, the criminal law has to apply to all defendants regardless of age. And there's a need to punish those, regardless of age, who violate the law," he said.

"On the other hand, when you are dealing with elderly defendants, there are other issues, such as (whether) the person is likely to be a danger to society, or the cost to the system of geriatric care.

"It's an enormously difficult challenge for a judge in a tragic situation," he added.

ELDERLY COURT?

Age already is straining America's prison facilities.

A 2010 report by Human Rights Watch estimated that from 1995 to 2010 the number of state and federal prisoners in the United States age 55 or older grew seven times faster than the overall prison population.

The Human Rights Watch report also looked at the oldest of the old, and estimated that from 2007 to 2010 the number of inmates age 65 and older grew to more than 26,000 from about 16,000, a jump of 63 percent in just three years.

Older prisoners don't fare well in prison and are often targeted by younger prisoners. Older prisoners also pose a burden for taxpayers, as costs for health care and separate facilities rise with the age of prisoners.

Deputy District Attorney Ebrahim Baytieh is a top prosecutor in Orange County. In a negotiated settlement with Baytieh, 83-year-old William Leo McDougall now faces a tentative 16 years to life in state prison at his Oct. 26 sentencing, a term which will be suspended in lieu of lifetime probation. JEBB HARRIS, THE ORANGE COUNTY REGISTER
In August, William Leo McDougall, 83, admitted to Orange County prosecutors that two years ago he bludgeoned a man to death in a Laguna Woods rehabilitation center. ORANGE COUNTY SHERIFFS DEPARTMENT
Roy Charles Laird, 88, of Seal Beach, is accused of shooting his wife to death in her room at the Country Villa Seal Beach Healthcare Center in Seal Beach, Calif. on Sunday, November 21, 2010. The weapon used was a revolver and was found at the crime scene, police said. SEAL BEACH POLICE DEPARTMENT, SEAL BEACH POLICE DEPARTMENT
Deputy District Attorney Ebrahim Baytieh is a top prosecutor in Orange County. In a negotiated settlement with Baytieh, 83-year-old William Leo McDougall now faces a tentative 16 years to life in state prison at his Oct. 26 sentencing, a term which will be suspended in lieu of lifetime probation. JEBB HARRIS, THE ORANGE COUNTY REGISTER

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